Harrassed because I have a disabled child, then fired on false allegations, help!!

[Sandraebbs]

Hi,

I've called to the EEOC, labor relations, and cival right and they all say the can't help. One can't help because I'm no longer working for the company, the other can't help because it's my son that is disabled and not be, although the result of me getting fired is because I was harassed by my supervisor, lead worker and co-workers because have a disabled son.

Here's my story:

I was hired by a state ran center for disabled adults as a Medical Technician Trainee 7mo ago. During my tech training class we all introduced ourselves and gave a little job history and family background. I'm a Sunday school teacher. I previously worked 24 years in a field that I was allowed to have the great opportunity to work with disabled adults and children. I also have a adult disabled child.

In my class was a young man which was and is still currently working at the center in which I got hired. He was assigned to re-take portions of the class because he got in trouble for physically abusing one of the residents at the center. This person went back to work and told several of his staff members that I have a disabled child, and the I had made a statement in class that I came here to be a advocate for the residents at the center. He warned them that everyone needs to watch their backs because I would probably be turning everyone in for anything.

So that's set's the picture of what goes on at the center, and it turned into a "let's get rid of her before she get's rid of us". Of coarse I didn't realize this was all going on until about 2mo later.

One month after class I was assigned by choice to work on a behavior cottage; individuals that had mild to moderate retardation, were higher functioning but had a lot of behavioral issues.

First week on cottage I was told by certified staff not to interact with certain individuals due to their behaviors. Though I used caution, I continued to approach these certain individuals to get to know them. I was told again by staff not to interact with them. So I back off and just observed them,while working with other individuals until I got to know their behaviors. At the end of the week several staff told the residential service manager that I was hesitant around certain residents. I explained to him what I was told by staff. He told me I needed to start working more with these residents. I went back to the cottage and continued working with these residents regardless of what my co-staff was telling me. They made comments like "your stupid for getting near him, you are just asking to get hurt", and leave him alone, he likes to sit there by himself."

I was soon being told by several staff members that when working here "You hear nothing, see nothing, and you don't turn people in. Because if you do, they will find out who turned them in and you will get targeted, then they will make stuff up to get you fired".

Soon I got harassed by a staff member, blaming me for a messy cabinet and toothpaste bin in residents shower room. We had 4 staff members working that unit but I was blamed. This person was yelling at me so loud other staff members heard her clear down the hallway.

The same lady later told me about "the rumor" that was started by the young man in my class. She asked me if I would really turn people in. I stated to her that I didn't come here to get people in trouble. I came here because I've always enjoyed working with disabled persons all my life and I that's why I came here. I told her everyone has a bad day, I'm human like anyone else, I can have a bad day too, not one is perfect, but If I saw someone hitting someone or beating the crap out of someone, yes, I would turn them in, and I would expect you or anyone else here to do the same.

Later in the week I was told by a staff member that 2 other staff was trying to get me written up for stuff. The next thing I know I'm getting written up or letting a resident "just run around and tear things up", which didn't happen. It was also reported that he almost left the unit 2 times and I didn't see him, never happened.

So through the rest of my employment I had been blamed for several things. I was being questioned about a wet bed that was left, and later found out I was the only one questioned for it. Then a resident escaped the building, and I was blamed for that, though I was nowhere near the resident when it happened, then the lead worker lied to save his own butt, which is friend with the cottage director.

Next we had a wheelchair resident that was using the wheel chair for medical reasons only due to drop seizures. He hadn't had a seizure in 2 years so the center let him out of the chair on a trial basis. A few of the staff members didn't like this because this resident has some aggressive behaviors. They were complaining about it, setting up several behavior scenario's of what could happen when this person is out of his chair. There goal was to get him back in the chair in my opinion so they didn't have to deal with him, they'd rather see him strapped in the chair as a restraint. So they decided making new rules, and one was that no residents could take showers early anymore because we need all staff out on the unit to deal with this resident out of his wheelchair. So I decided to defend a resident that normally takes his shower early. These 2 staff members told me I couldn't give him a shower because we didn't have enough staff to take care of the person with the behaviors. We had 3 people on unit, we only need 2 on unit for a behavior and our protocol is to intercom another unit for staff if we need help. Well these 2 staff members were just coming up with ridiculous reasons why this shower couldn't be managed. While this was going on these 2 staff members were yelling at me, and eventually got the resident that was waiting to take a shower crying his eyes out.

Later that night 1 of the same staff tried setting me up while giving residents showers. I had started the bath tub for a resident. Meanwhile this staff member comes quickly down the hall waving her arms saying" i'm going to do showers first. So I told her I had the bath running for (resident), could you please put in the tub. She ignored me. After giving a few showers she came down and told me I could take (resident), the earlier resident that no longer used the wheelchair back. Well this person needs to staff to give him a shower, and she knew it. I didn't say anything to her because I learned earlier from the nurse that the cottage directer had told this staff member that if she gave me something to do and I didn't do it,then to "write her up". So I went on back hoping someone would come and help me. Meanwhile this resident was become agitated because he didn't want his shower. No one came to help. As I was dealing with him I noticed the tub was still running from before and about to overflow so I reach over and turned it off while I was dealing with (resident)'s behavior. Meanwhile another resident came back from the back of the shower room with 2 empty shampoo bottles. This resident is not allowed in the shower by himself because he likes to empty bottles. When I told this staff member and the other staff I mention earlier what had happened, they both blamed me for letting this resident empty the bottles. I didn't even know this resident was back there. He was back there with the first group that this staff member had. At this time I was bathing another individual whom needed 2 staff, but no help came even after requested.

The next thing I know this staff person is bringing another staff as a "witness" from another unit down. She accusing in front of the "witness" that I was not watching this resident with the shampoo bottles. The bath tub is still full. She points at the tub and says to me "you had (resident) in that tub right there". That's when I realized she was setting me up for having (resident) in the tub that everyone knows can't have tub baths due to his drop seizures. I stated to her "no I had him in this shower chair right here, and you know as well I everyone that (resident), can't have tub baths". The "witness" realized what this staff was trying to do, rolled her eyes and left.

Later I was approached by the cottage director about a med glove dispenser that I was supposedly using. The dispenser was attached to the shower cart. It was put there to put soiled gloves in. I was told by 2 staff members, (one of the same staff before mentioned) that I was not to use the dispenser. I told them I wasn't using it but I was told it was put there for out use. I told them that I had just been recently told about box, so I had never used it. They went and told the cottage director that I was using it. When I told the director that I wasn't using it and I had told the 2 staff that I wasn't using it, she stated "Well I was told you were the only one using it so you're going to go back and figure out how to get all those gloves out of their." She didn't offer me a key, and it was locked. So I took a pencil and got them out one by one. Later I found out by another staff members that it was the cottage director that approved that box back there to avoid cross-contamination because previously everyone was putting their soiled gloves in their pockets until they could make it to the glove disposal in the nurses station. When the 2 staff approached the cottage directer about it all she said was "oh, that's right, tell her she can use the box then", and then sent the staff member to appologize to me for her mistake.

One of the previous staff member's also tried again setting me up with a wet bed, but I found it before the next shift and called her on it. She had told me earlier that she had put a dry bad on this bed, so that blew her cover. I had found the wet bed under the dry pad. When I called her on it she said "I can't explain that because when I put that cover on there, the bed was dry". When I asked her how a wet bed get's under a dry bad, she couldn't explain it.

I had also got reprimanded for not coming to help someone when called to help with a restraint. It's funny how I never heard this call for help, because I was out to lunch, out of the building when this occurred. Another staff member verified this.

I had finely had enough and went to talk to my union rep. I also talked to the center's administrative assistant. I was still in training status so I was trying to minimize my targeting. So I told the administrator that I didn't want to make a big deal out of this yet, I just wanted to keep this low key until I got certified. But I wanted to let him know what was going on in case this continues. Rumor has it that it's hard to fire you after you get certified. So I didn't want to give anyone anymore ammo to target even more. I was at fear that they were trying to get me fired before I could get certified.

Well mission accomplished! After talking to the Director assistant, everyone knew I was down there but not why. One of staff that had been harassing me, started harassing asking questions about why I was down there. She was obviously nervous because she had tried setting me up with the bed bed the night before. I wouldn't tell her, so she got belligerent, and started making statements like "that's ok, because everyone going to know by tomorrow why you were down there, so go ahead and keep your mouth shut".

A week later, the (RSS) Residentual service manager (good friend with the lead worker that lied about the resident escaping the building), accused me dragging and hitting a resident. Her testimony said that she "first saw me trying to drag the resident around the patio, and that wasn't working so well because the resident was tall and lengthy and towered over her, so then I saw her draw her hand back and smack him on the right shoulder".

So a 60 day investigation was done, at which during this time I was reassigned to janitorial services.

In the investigation I had told the investigator that I was being targeted by several people, and was told people were trying to get me fired. I told her about the wet bed set up, but she cut me off and would not allow me to tell her about the rest of the incidents. One of the staff the was present during the supposed abuse told the investigator that she thought I was being set up.

During the time of my re-assignment, the the RSS that turned me in had been in trouble prior for targeting staff members, is also very good friends with the lead worker that lied about the elopement incident, and the lead worker is in good cahoots and real tight with the cottage director. And that if one of them decided they don't like you, well, you'll never get certified.

At the end of the investigation it came out the it was "substantiated" that I abused another resident. There were 2 other staff on the patio where this was supposed to happen, both said they didn't see this or any other type of abuse happen. One staff member had their back to me but the other was in a swing right in front of me when this was suppose to happen.

The evidence they had was "that the others staff on the patio could not contradict the testimony of the RSS, because one had her back to me and the other "may" have not been looking at me 100% of the time. And the RSS was 12ft away so couldn't hear the smack.

Well, there was no contradiction of my testimony either. And the staff in the swing may have not been looking at me 100%, but are you going to believe that in the duration of the time it took me to "try and drag the resident around the patio and then smacking him", that no one saw or heard the commotion? The person that had her back to me was sitting 2ft away from where this was suppose to happen. You would think that if this is going on, there would be some sort noise from the commotion that would attracted someones attention.

Another odd thing that even seem to have the investigator puzzled. When an accusation of abuse is made the normal procedures is that you are to be immediately removed from the scene, then security escort you down to wait for the investigator. The RSS (accusor) didn't remove me from the scene. After about 15 min the lead worker (friends w/the RSS) came and got me, told me to go see the RSS, sent me to the lobby to wait for her, after a few minutes told me to got to the admin building but would tell my why. I sat in the schedulers office for almost ah hour before someone told me to go to the OIG office, and that's when I first learned of the accusation.

As a result of this I was terminated. I was told by labor relations that if I was certified that I would have probably been put on a 2 day suspension then back to work. Because I was not certified yet, the center policy is to terminate the employee.

My union rep and Labor relations believed me that I was getting harassed that lead me to get fired, and encourage to to call the EEO/AA DHA Bureau of Cival Affairs. I called them and they said they could not help me because I was no longer employed by the center. After them her my story she said that I had a discrimination case because I was being harassed due to my disabled son. She gave me other numbers to the EEOC and a number for labor relations for the state. They can't help me because it's my son that is disabled and not me.

Well bottom line is that I was clearly harassed because of a statement made. It was feared by staff that I was going to see something that would ultimately get them in trouble. I told staff that I would turn someone in if I saw someone hit an resident. This was a threat to her. So I was continually harassed by getting things blamed on me that never happen. I was clearly harassed by my supervisor. It is clear that the goal here was to get me out before I got certified. So goal accomplished.

So do I have enough evidence to sue, and who exactly do I sue. The center or Department of Human Services, which the center is ran by.

Thanks for any help rendered here.

If they are retaliating solely because they think you might report something, that is reason to sue or file a complaint etc.

You could sue them both.

You could consult your nearest Department of Labor office to briefly discuss the issue with them first...you may also want to ask the company to put what is happening in writing and explain to them that you may have attorneys review the situation...try speaking to a higher level of management about the issue; they may override the other managers. If none of these efforts resolves the issue, let us know.

[Sandraebbs]

Thanks for the reply,

I called the department of Labor and they said they could not help me. My situation is not covered under their description. No one that I called from the state could help. If it was me that was disabled, and not my son, then they could help.

I know I'm not going to be able to sue the company or DHS for discrimination because that's not what they fired me for. They fired me because the accusation of abuse was substantiated. I was still in probationary status as a trainee. The policy they explained to me is: When a abuse accusation comes back substantiated on a trainee in probationary status, even if we believe you are innocent (which they said they believe I'm innocent), then their policy is to automatically let you go. If you were certified, then you would probably be put on a 2 day suspension then let back to work.

So I don't know if I can actually sue the center because that is their policy. It's DHS that ruled the substantiated accusation. So ultimately it was their decision that got me fired.

So to anyone just looking at those 2 facts wouldn't see any wrong doing here. But for someone seeing the whole pattern that lead up to me getting fired I'm hoping I have a case.

When the young man started the rumor, it caused others to feel threatened that I was going to report them for any abuse I saw, so they started trumping up allegations and setting me up to get fired. The supervisor is friends with lead worker which did the same. The lead worker is friend's with the RSS that accused me of abuse. I was told by several co-employees that people were trying to set me up and they even went to my supervisor.

During the investigation I told them I was being harassed by one of the persons that was on the scene of the supposed abuse. I started to tell her about all the other harassment but she cut me off and wouldn't allow me. She said I was only allowed to make statements about the persons the were on the scene. The lady that accused me I didn't know to well because she had just transferred to that cottage a week before. It wasn't until later I found that she was really good friends of the lead worker.

So the investigator didn't get the whole story. And the evidence they used to substantiate the abuse is this. Here is the actual report, names excluded except for mine. RSS is the accuser, XXX is resident.

According to MHT Ebbs, XXX is about six feet tall and she is about 5 feet tall. When he tries to get out of arm's length distance, she has to bend her knees to stay still because he will pull he to the ground. On that day, he was pulling against her and pulling her around. She was afraid to let go because he got away from her one other time and she was disciplined for this. She went out onto the patio with XXX. RSS entered the patio, and XXX jumped up from the table. At that point, she grabbed the upper left side of the back of his shirt with her right hand and pulled him back to the table. He did get up a few minutes later and she followed him around with a basketball. She explained that she many have held his right arm as she was pulling his shirt to get him to come back to the table because he was wearing an athletic type basketball outfit that had no belt loops to grab. She denied ever hitting him, and did not know why RSS would say that she did. She had only known RSS for a few days when this occurred. MHT Ebbs added that MHT 1 and MHT 2 were on the patio at the time.

According to RSS she saw MHT Ebbs holding XXX's left arm with her left hand while attempting to drag him. This was not working too well because he is tall and lanky and didn't want to go with her. She then saw MHT Ebbs in one continuous motion, draw back her right hand, and the swing it forward, striking his right shoulder blade with an open hand. She did not hear the sound made by the hit because she was about 12 ft away. She saw that another tech had her back to MHT Ebbs when this happened, and another tech was on the swing. One tech confirmed that she was sitting on the swing and had a clear view of the area where XXXX and MHT Ebbs were. She did not see any type of abuse or anything out of the ordinary, but she could not say that she was looking in that direction all of the time. The other tech opined that MHT Ebbs is a very gentle person and that she did not see her abuse XXX, but she admitted that she had her back to them when RSS entered the patio.

I review of the injury report and doctor's notes indicated that XXX had no apparent injury and the facility did not take photos. XXX's one to one protocal does require that staff be within arms reach of him and that they are to try engage him in activities to replace his elopement behavior. MHT Ebb's discipline records showed that she did receive an oral reprimand when she did not try to engage XXX in activities on April 24, 2009.

In conclusion, although MHT Ebbs denied hitting or dragging XXX, she admitted that she was afraid that she would get disciplined if XXX was not within arms reach. RSS, who saw her dragging and the hitting XXX, had a clear and unobstructed view of this incident. There were two other staff witnesses on the patio but one was positioned where she could not see MHT Ebbs and XXX and the other could not say that she was looking at them 100% of the time. XXX did not have any injuries consistent with the allegation, but a hit does not always produce a visible injury. RSS had only known MHT Ebbs for a few days, was consistent with her statements that she gave Security and the she gave to this investigator. She was also able to diagram the patio and reenact the incident. All of these things showed her to be a credible witness. There was no documentation or witnesses disclosed by this investigation that contradicted RSS statement. The non-accidental actions on the part of MHT caused physical harm to an individual served Section 50.10. Therefore, the allegation of physical abuse against MHT is substantiated.
-----------------------------end.

I don't know how they can substantiate this??? So they are basically saying because no one contradicts her story, them I'm guilty?? Well no one contradicted my story either, plus the person sitting in front of me didn't see me do that. They said RSS was 12ft away so couldn't hear the hit? 12ft seems close enough to hear a open hand slap. And the tech that had her back to me was only 2 ft away, so if this was going on there had to be some kind of noise that she would have heard.

So number one, you would think there would be some noise made with this commotion caused from dragging him around on the patio then hitting that would trigger someone to turn their head towards it or being 2ft away turn around to see what all the commotion was about. Number two, I know I'm already being targeted, and one of them is on the patio, and here we have a RSS which her job is to observe us trainee's and tech's to see how we are caring for the residents. Ok, so I know this RSS is on the patio observing me, and I'm going to take a chance and drag a resident around then hit him in front of this RSS? Andy one reading this report, can see there is no evidents. It's my word against hers. So for Innocent until proven guilty!

So anyway where I think I'm stuck here, is that I was in probationary status. When your in that status they don't have to have a reason to terminate you.

But I'm hoping under the circumstances that all this happen there would be something I can do.